Jarvis, R v

For an automatic life sentence, the ordinary starting point for the specified minimum period is one half of the appropriate notional determinate sentence. A period above one half, and up to two thirds, requires exceptional circumstances and clear reasons.

Offending while on licence may amount to exceptional circumstances justifying a two-thirds period. Credit for a guilty plea and mitigation should be reflected clearly in the calculation. Where the sentencing judge’s approach is unclear, the appellate court may re-exercise the discretion and substitute a properly calculated specified period.

The appellant pleaded guilty at Wolverhampton Crown Court to kidnapping, two robberies and rape. He received life imprisonment for rape, with a specified minimum period of seven and a half years, under section 2 of the Crime Sentences Act 1997.

Leave to appeal sentence was initially refused by the Single Judge and then by the Full Court. The Criminal Cases Review Commission referred the rape sentence under section 9 of the Criminal Appeal Act 1995.

The appeal concerned the method of allowing credit for the late guilty plea, the use of a specified period exceeding half of the notional determinate sentence, and the credit given for remand custody.

1. The appeal against sentence was allowed. The court substituted a specified period of five years, 11 months and six days for the rape count.

2. The life sentence was not wrong in principle. The appellant had qualifying convictions for rape and manslaughter on separate occasions and committed the current offences shortly after release on licence for manslaughter. A notional determinate sentence of 14 years was also not manifestly excessive.

3. The court followed the approach in R v Marklew & Lambert [1999] 1 Cr App R(S) 6. The usual starting point for the specified period was one half of the determinate sentence. A judge could fix a longer period, up to two thirds, by exercising discretion on the facts and giving reasons.

4. R v Szczerba [2002] EWCA Crim 440 confirmed that a period exceeding one half should be used only exceptionally. The current offences were committed while the appellant was on licence. That was an exceptional circumstance which justified a two-thirds specified period.

5. The sentencing judge had not clearly explained either the starting point or the credit allowed for the plea and mitigation. Re-exercising the sentencing discretion, the court applied a 30% reduction to the 14-year starting point, producing a notional determinate sentence of nine years and 10 months. Two thirds produced six years and six months, from which the precise remand period was deducted.

• Court of Appeal (Criminal Division): On a reference by the Criminal Cases Review Commission under section 9 of the Criminal Appeal Act 1995, the court allowed the appeal against the rape sentence and substituted a specified period of five years, 11 months and six days.
• Full Court: Refused the renewed application for leave to appeal sentence on 2 July 1999.
• Single Judge: Refused leave to appeal sentence on 16 March 1999.
• Wolverhampton Crown Court: On 28 August 1998, imposed life imprisonment for rape with a specified minimum period of seven and a half years.